Real Estate & Property Law

Damages Flowing From A Failed Condemnation: Motion For Reconsideration

By Robert Thomas (inversecondemnation.com)

On behalf of the property owner, we've filed a Motion for Reconsideration (filed May 1, 2009) of the Hawaii Supreme Court's latest opinion in which the court held that a condemnee who appeals the denial of damages for a failed taking is entitled to damages it sustains on appeal. The opinion had three points that merited correction:

• Haw. Rev. Stat. § 101-27 requires the condemnor to pay all damages sustained by the property owner when a taking is ultimately unsuccessful, even if the condemnor prevailed on intermediate steps in the case.

• Work that may not appear to have been recorded separately was in fact separated (there were two concurrent condemnation attempts, and two appeals).

• Under section 101-27, the property owner is entitled to recover all "costs of court" and is not subject to a "reasonableness" inquiry.

More to follow when the court renders its decision.

Full post as published by inversecondemnation on May 11, 2009 (boomark / email).